ABA Journal Podcasts - Legal Talk Network

• How thinking like an athlete can make you a better lawyer

  Peak performance in high-stress environments. It’s the goal for the basketball players taking the court during March Madness, but just as much for players on a different kind of court. Lawyers can and should learn a lot from elite athletes, says Dr. Amy Wood.   In this episode of the Modern Law Library, Wood shares her insights with the ABA Journal’s Lee Rawles. Wood, a clinical psychologist, has focused her career on attorney wellness. She is the author of the new book Lawyer Like an Athlete: How to Up Your Game at Work and in Life, published by the ABA’s GPSolo Division. Wood first developed Lawyer Like an Athlete as a CLE program, sharing tips on achieving physical and mental wellness, as well as preparing lawyers to maximize their work performance.   There are four characteristics Wood identifies as being shared by star athletes and star attorneys: exquisite self-care, a grounded perspective, “nourishing diversions” and thriving relationships. Without attending to those elements, she says, it’s difficult for lawyers to sustain themselves in a high-stress profession.   Many lawyers enjoy extreme solo sports, like marathon running. But don’t forget about team sports. There’s much you can learn about personal performance from elite athletes, but it’s just as important to integrate lessons about team performance, Wood says. Are the people on your “team” helping you perform at your peak?   Wood and Rawles also discuss the importance of striving for a “fan’s perspective”; the importance of visualization; the cycle of workouts and recovery days; and five signs that it’s time to reach out for professional assistance.

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• This year's historic ABA Techshow will be bigger than ever

  For one thing, it marks the 40th annual iteration of the show. For another, it promises to be the biggest of all time—emanating for the first time from the McCormick Place Convention Center in Chicago. Techshow co-chair Stephen Embry talks to the ABA Journal’s Victor Li about what to expect from this year’s show.

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• This Harvard Law prof thinks constitutional theory is a terrible way to pick a judge

  What if we are asking the wrong questions when selecting American judges? Mark Tushnet thinks our current criteria might be off. “We should look for judges who are likely to display good judgment in their rulings … and we shouldn’t care whether they have a good theory about how to interpret the Constitution as a whole—and maybe we should worry a bit if they think they have such a theory,” the Harvard Law professor writes in his new book, Who Am I to Judge? Judicial Craft Versus Constitutional Theory. In looking at what qualities were shared by great Supreme Court justices, Tushnet identified five he thinks were of especial importance: Longevity and age Location in political time Prior experience in public life NOT A JUDGE (“I put this in capital letters because it’s common today to think that justices have to have been judges,” Tushnet wrote. He doesn’t see having a past judicial career as disqualifying, but points out that many great justices were not sitting judges when appointed.) Intellectual curiosity In this episode of The Modern Law Library, Tushnet and the ABA Journal’s Lee Rawles discuss how he thinks people should be evaluated for judicial positions; his experience as a clerk for former U.S. Supreme Court Justice Thurgood Marshall; what makes a well-crafted opinion; and why he thinks any overarching theory about the Constitution will fall short.

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• 'The Licensing Racket' takes aim at professional licensing in America

  Should you need a license for that? For law professor and antitrust expert Rebecca Haw Allensworth, there are huge problems with professional licensing in America—and her solutions might not make anyone completely happy.  In her new book, The Licensing Racket: How We Decide Who Is Allowed to Work, and Why It Goes Wrong, Allensworth takes a deep dive into the history and function of licensing in the United States. While licensing boards are put forth as a way to protect consumers, Allensworth says that in practice, their decisions can be arbitrary and their disciplinary functions flawed. In this episode of the Modern Law Library, Allensworth and the ABA Journal’s Lee Rawles chat about a range of professions that currently require licenses, from hairdressing to law and medicine. While disciplinary procedures for lawyers are not open to the public, she was able to attend a number of proceedings for health care workers accused of wrongdoing, and what she found sometimes shocked her—and even shocked some of the people responsible for making those disciplinary decisions. She shares some of those stories in the episode. The Licensing Racket argues that licensing should be done away with for many professions. For those that remain, however, Allensworth believes much more must be done by government agencies rather than allowing professions to self-police themselves through volunteers and licensing boards

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• Should we expect new regulations on data privacy and consumer protection?

  It’s a well-worn saying that the law always lags behind technology. It makes sense. We all remember the old song about how a bill becomes a law and how long the whole process can take. By the time you get to the verse about a president signing something into law, technology has either evolved into something even more cutting edge or become obsolete—replaced by a newer, shinier toy.

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